The above captioned Crl.M.C. has been filed under Sec.482 of the Code of Criminal Procedure with the following prayers: “ (a) Direct the court below to recall the warrant issued against the petitioner Or (b) Give a direction to the court below to consider the application for bail of the petitioner on the date of surrender of the petitioner so as to enlarge him on bail, in C.C.967/2015 of JFCM-II, Ernakulam.”
2. Heard Sri.John S.Ralph, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State of Kerala.
3. Having regard to the totality of the facts and circumstances of this case, it is ordered in the interest of justice that in case the petitioner voluntarily surrenders before the Judicial First Class Magistrate Court-II, Ernakulam (dealing with C.C.No.967/2015 ), within two weeks from today, and submits necessary application for recall of the warrant and application for grant of bail, then the court below concerned shall consider those applications on the same day itself, in accordance with law and taking into consideration the facts and circumstances of this case. It is further ordered that the petitioner shall give advance notice to the Prosecutor concerned attached to the court below Crl.M.C.No. 4923 of 2015 2 concerned intimating the date and time of surrender before the court below, at least 24 hours prior to such proposed surrender. It is further ordered in the interest of justice that until orders are passed by the court below concerned as directed above, further coercive steps against the petitioner may be kept in abeyance for the time being. It is made clear that in case the petitioner does not surrender before the court below concerned within a period of two weeks as directed above, then the directions issued herein above shall automatically stand vacated. It is made clear that it is entirely within the province of the court below concerned to decide on the application for bail, in accordance with law.
With these observations and directions, the Crl.M.C. stands finally disposed of.
Sd/- ALEXANDER THOMAS, JUDGE MJL